, 1887-09-06
THE JURY. IS STILL OUT
They Fail to Find a Verdict After
Celebrating for Eight Hours.
Judge Lacy Makes an Eloquent Ap-
peal for the Prisoners Life.
prosecuting Attorney StoII Ably
Represents the People.
THE Ex-CHIEF JUSTICE SPEAKS.

HNO was al nOur later. Judge
Lacey, smiling and confident, arose to
address the Jury in behalf of VIM. Nc.
Coy when Judge Corn requested the de.
tense to proceed with the case.
Judge Lacey's argument was a mas
terly effort. During its progress Mccoy
listened more i~ntently than at any time
during the course of the trial. VIXEN his
attorney said something which particular.
ly pleased the desperate and apparently
had an effect upon the jury, a smile, or
more properly, a sinister leer illumined
his british cou~ntenance, while his vicious
eyes were turned upon Prosecutor Stell
and other imaginary foes with all the
hatred they were capable of expressing.
Counsel dwelt at length upon the few
minor and trivial differences in the testi-
mony of witnesses for the prosecution.
At times he became very eloquent and
terribly in earnest. In choice language
and feeling tones he warned the jury that
they should exercise the most careful
Judgment in the minutest particulars. He
sought to initiate the alleged occurrence
where Gum is said by Mccoy, Watson and
Lockwood to have made the remark, Il can
whip Mccoy for S." stating that this
utterance was a threat in the eyes of the
law and should be SO considered by the
jury. He endeavored to explode the
theory that the prisoner had made prep
arations for the commission of the crime
by causing a horse to be placed in readi-
ness for his flight. Capt. Longer testi-
fed to having observed the horse, already
saddled, tethered to a wagon but a few
minutes before the killing. The difficulty
between Waters and Mccoy at the saloon
OF the latter several hours previous to the
tragedy was presented to the Jury in the
best possible light for the defense. The
adroit and subtle style of Judge Lacey
reached a climax when he described the
actual occurrence which led to the trial.
At this point Mccoy became the wronged
man and Gum the aggressor. Then 1t
was that the deceased instead Of the Grim.
inal was the offender, and the jury
were told that the cruel shots were I'M
doubtedly fred in self-defense. There
was much speculation as to the manner
in which the learned pleader would dis
pose of the apparent uselessness of firing
the second shot. He did not attempt to
evade the point or dodge the issue. With
the assurance of a man confident of
success and entirely conscientious in his
efforts the judge looked squarely at each
juror in turn and presented the position
of the defense upon the subject. Assum-
ming that unfortunate Chas. Gum was
falling from ife's uncertain heights into
deaths dark river, Mccoy did not and
could not know it, and naturally p p
ing that the dying mans last thought was
of revenge, placed his revolver to the
head of the PROSTATE victim and fired the
shot which completed his bloody work.
Touching the attempted escape and sub
sequent capture the speaker adopted an
other method. Men had been lynched.
Mccoy testified that as he fed from the
scene of his brutal actions cries of hang
him. shoot him" were heard on all
sides. But few witnesses rebutted this
testimony. Was it not natural and plaus-
ible for the defendant to presume that he
was about to suffer violence at the hands
of a mob and seek safety in fight?
After once more calling the attention of
the jurors to the sacredness of the oath
taken by them, the enormity of shedding
the blood of an innocent man and a few
material law points, Judge Lacey ceased.
H PROSECUTING ATTORNEY REPLIES.
The attorney for the people, aside from
the splendid talents with which nature
has so literally endowed him, possesses
an extensive knowledge of the law,
and controls a magnificent flow of
language. The audience expected much
from him and was not disappointed. His
effort was pronounced one of the finest
arguments IN all that the word argument
implies, ever heard in the court room for
the first judicial district. After briefly,
but concisely and carefully explaining to
the attentive jury the precise Specification
of the terms premeditated, wilfulIy and
maliciously, the orator reviewed the evil
dence of the case in a general way, pay
ing particular attention to important de-
tails. For the thirty-ive minutes pre-
ceding the 1901 hour Mr.. Stoli convinced
the audience, the guilty prisoner at the
bar and evidently a larger portion of the
Jury that Dan Began, alias Wm. Mccoy,
was not a defender of his own rights,
property or life, but a cruel and
wanton murderer. He effectually disproved
| the theory of self defense and gazing
squarely at the Texas fugitive denounced
him as a coward in every sense Of the
term.
When court ]reconvened at | 80 o'clock,
even the lobby and the stairway were
crowded to near the Just and eloquent
words which fell from the lips of the most
popular and able prosecuting attorney
who has recently held that Office in Lar
annie county. He then began work in
earnest. In unmistakable terms the let
ter and spirit of the law was interpreted